Some ex-felons may serve on community boards

July 17, 2012|Daniel Vasquez - On Condos, On Condos

Can felons serve on your association board? Do you really have to be 55 to live in a 55-and-older community?

Sun Sentinel readers have questions, and we have answers this week with the help of attorney Russell M. Robbins of Mirza Basulto & Robbins. Have your own question? Send a message to dvasquez@sunsentinel.com.

Robert Cochrane of Palm Beach County is bothered by what he calls persistent rumors among his neighbors about a board member's possible criminal history. Some say he is a felon.

Cochrane understands how such rumors can be divisive in a shared community, and could cause embarrassment to anyone falsely accused.

Does Florida law allow felons to serve on a board? How can owners check whether a board member has a criminal history, and what should be done if a check reveals a problem?

Felons fresh out of prison may not serve on a condo board. State law prohibits convicted felons from serving on a condo board until five years have passed from the date their civil rights have been restored. It's worth pointing out that most federal felons have nearly all of their civil rights restored, except their right to bear arms. Robbins says the Department of Business and Professional Regulation, which regulates condos, interprets this law to mean that a felon who does not have the right to bear arms is not eligible to serve as a director. As of last July, the homeowner community law mirrors condos in this regard.

Barney Simon of Boca Raton has noticed that some residents appear to be too young to live in his 55 and older condo community and wonders whether there are legal exceptions.

Are there cases in which the law allows someone younger than 55 to live in a 55 and older community?

There are two types of senior housing, the most common of which is 55 and older, the other being 62 and older. In the case of the latter, an association may legally exclude occupants younger than 62. In 55-plus housing, however, associations may discriminate based on age, but up to 20 percent of the occupants may be younger than 55 (but older than 18). To qualify as 55 and older housing, associations must maintain a census to show that at least 80 percent of the units are occupied by at least one adult over the age of 55. Otherwise, occupants younger than age 55 can own and live in a senior community.